Requires school buses transporting certain disabled
persons to use flashing lights and establishes penalties for drivers who fail
to yield.

CURRENT VERSION OF TEXT

As reported by the Senate Education Committee on March 10, 2011, with amendments.

An Act concerning operation of school buses when transporting
certain disabled persons and amending P.L.1965, c.119 and P.L.1942, c.1[19]1921.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1965,
c.119 (C.39:3B-1) is amended to read as follows:

1. Every bus when being
used to transport children to and from school pursuant to [sections]1[R.S.18:14-8 to
18:14-12, inclusive, [of
the Revised Statutes]]chapter 39 of Title 18A of the New Jersey Statutes1 shall be equipped
with electric identification and warning lamps which, when such bus has
stopped for the purpose of receiving or discharging any school child, will
exhibit a flashing red light plainly visible at such a distance as will enable
the driver of a vehicle approaching or overtaking the bus to see the red light
in sufficient time to bring the same to a stop within 10 feet of the bus. Such
lamps shall meet the requirements prescribed by the 1[State Board of Education]Motor Vehicle
Commission1,
which requirements shall not be inconsistent with the provisions of this Title
or any rule or regulation made pursuant thereto.

If a1[vehicle]bus1is equipped
with electric identification and warning lamps that are required under this1[act]section1and is stopped1[on the highway]1for the
purpose of receiving or discharging a person who has a developmental
disability, the driver of the1[vehicle]bus1shall activate
the flashing lights and any other equipment, including a crossing1control1arm, installed
on the 1[vehicle]bus1for the safety
of passengers1[crossing a highway]1.

Nothing contained herein shall
be construed to apply to any motorbus when carrying passengers for hire over
any street or road and accepting and discharging indiscriminately such persons
as may offer themselves for transportation either at the termini or points
along the route on which it is being operated.

(cf: P.L.1965, c.119, s.1)

2. Section 1 of P.L.1942,
c.192 (C.39:4-128.1) is amended to read as follows:

1. On highways having
roadways not divided by safety islands or physical traffic separation
installations, the driver of a vehicle approaching or overtaking a bus, which
is being used [solely] for the transportation
of children to or from school or a summer day camp or any school connected
activity, or which is being used for the transportation of a person who has
a developmental disability, and which has stopped for the purpose of
receiving or discharging any child or a person who has a developmental
disability, shall stop such vehicle not less than 25 feet from such school
bus and keep such vehicle stationary until such child or person who has a
developmental disability has entered said bus or has alighted and reached
the side of such highway and until a flashing red light is no longer exhibited
by the bus; provided, such bus is designated as a school bus by one sign on the
front and one sign on the rear, with each letter on such signs at least four
inches in height.

On highways having dual or
multiple roadways separated by safety islands or physical traffic separation
installations, the driver of a vehicle overtaking a school bus, which has
stopped for the purpose of receiving or discharging any child or any person
who has a developmental disability, shall stop such vehicle not less than
25 feet from such school bus and keep such vehicle stationary until such child or
person who has a developmental disability has entered said bus or has
alighted and reached the side of the highway and until a flashing red light is
no longer exhibited by the bus.

On highways having dual or
multiple roadways separated by safety islands or physical traffic separation
installations, the driver of a vehicle on another roadway approaching a school
bus, which has stopped for the purpose of receiving or discharging any child, or
any person who has a developmental disability shall reduce the speed of his
vehicle to not more than 10 miles per hour and shall not resume normal speed
until the vehicle has passed the bus and has passed any child who may have
alighted therefrom or be about to enter said bus.

For purposes of this section,
"highway" means the entire width between the boundary lines of every
way whether publicly or privately maintained when any part thereof is open to
the public for purposes of vehicular travel.

Whenever a school bus is
parked at the curb for the purpose of receiving children directly from a school
or a summer day camp or any school connected activity or discharging children
to enter a school, or a summer day camp or any school connected activity, which
is located on the same side of the street as that on which the bus is parked,
drivers of vehicles shall be permitted to pass said bus without stopping, but
at a speed not in excess of 10 miles per hour.

Whenever a school bus is
parked at the curb for the purpose of receiving1or discharging1a person who
has a developmental disability on the same side of the street as that on which
the bus is parked, drivers of vehicles shall be permitted to pass1[said]the1bus without
stopping, but at a speed not in excess of 10 miles per hour.

The driver of a bus which is
being used [solely] for the transportation
of children to or from school or a summer day camp or any school connected
activity, or for the transportation of a person who has a developmental
disability shall continue to exhibit a flashing red light and shall not
start his bus until every child who may have alighted therefrom shall have
reached a place of safety.

Any person who shall violate
any provision of this act shall be subject to (1) a fine of not less than
$100.00, (2) imprisonment for not more than 15 days or community service for 15
days in such form and on such terms as the court shall deem appropriate, (3) or
both for the first offense, and a fine not less than $250.00, imprisonment for
not more than 15 days, or both for each subsequent offense. The penalties
shall be enforced and recovered pursuant to the provisions of chapter 5 of
Title 39 of the Revised Statutes. There shall be a rebuttable presumption that
the registered owner of the vehicle which was involved in the violation of this
section was the person who committed the act. Any person who suppresses, by way
of concealment or destruction, any evidence of a violation of this section or
who suppresses the identity of the violator shall be subject to a fine of $100.

The [Director of the Division of]Chief Administrator
of the Motor [Vehicles]Vehicle Commission
may also revoke the license to drive a motor vehicle of any person who shall
have been guilty of such willful violation of any of the provisions of this act
as shall, in the discretion of the [director]chief administrator,
justify such revocation, but the [director]chief administrator
shall, at all times, have power to validate such a license which has been
revoked, or to grant a new license to any person whose license to drive a motor
vehicle shall have been revoked pursuant to this act.